People v. Alejandre CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Jury Trial Case On January 30, 2020, in docket No. C1894263, the Santa Clara County District Attorney filed an amended information charging Alejandre with possession of a firearm by a felon (Pen. Code,1 § 29800, subd. (a)(1); count 1). The information additionally alleged that Alejandre had suffered a strike prior conviction (strike prior) (§§ 667, subds. (b)–(i), 1170.12) and had served two prior prison terms (prison prior) (§ 667.5, subd. (b)).2 Alejandre’s jury trial took place in January 2020. The trial evidence established the following: In June 2018, San Jose Police Department Officers Sean Delgado and Justin Lucas responded to a disturbance call involving males playing loud music and possibly breaking bottles at an apartment complex. The officers saw several people in the complex’s parking area. As the officers approached the group, the officers saw Alejandre turn partially away from them, remove something from the area of his waistband, and toss it over a fence. Officer Delgado heard a “thump” coming from the other side of the fence and thought

1 All further unspecified statutory references are to the Penal Code. 2 The prison prior…